STANDARD TERMS AND CONDITIONS
1. ACCEPTANCE: The following terms and conditions of S.A.M.A. MATS AND EQUIPMENT ("SAMA") govern the sale of products. Acceptance by Customer of the products provided by SAMA constitutes an expressed acceptance of these terms and conditions and a repudiation of any other inconsistent terms or conditions. Terms or conditions contained in any Customer's documents, including but not limited to orders and acknowledgments, that alter, differ from, or add to the terms and conditions herein shall not be accepted by SAMA and such terms and conditions shall not constitute part of any agreement between the parties.
2. QUOTATIONS: Quotations are valid for a period up to ten business days from the dated formal quotation provided by SAMA. Email correspondence, data from either websites or internet sources, a quotation that is not explicitly addressed to Customer, verbal discussion, physical gestures, or any other correspondence other than a formal written dated quotation does not constitute or qualify as a formal quotation under these Standard Terms and Conditions.
3. ACCEPTING ORDERS: Any order is first subject to acceptance by SAMA. SAMA reserves the right to decline an order without explanation. Although an explanation may be provided it is not required.
4. PRICES AND PAYMENT: The prices for the products do not include transportation and insurance costs, special packaging and labeling requirements, nor any taxes relating in any way to the products, each of which shall be borne by Customer unless explicitly agreed by SAMA in writing on Customer’s invoice. SAMA may change its prices at any time without prior notice to Customer. Agreed payment, either full payment or down payment, is due at the time of order and is non-refundable once product has been ordered. Payment is by certified cheque only. Customer agrees that a monthly administrative and finance charge on any outstanding account balance, but not in excess of the lawful maximum, will be charged to Customer for any account having a balance remaining unpaid after 5 business days of the due date. Customer agrees to pay SAMA the costs of collection, including legal fees, incurred in connection with the collection of any past due amounts.
5. DELIVERY AND INSURANCE: Delivery of products shall be made F.O.B. at the location indicated on the Customer’s invoice. This is the point where Customer becomes fully responsible for all claims, collections, compensation, and related costs against the carrier of the products should those products be damaged during transit on route to the Customer’s ship-to-address which is also noted on the invoice. If the customer requires insurance coverage, then insurance can be purchased in addition to the costs shown on the invoice. The cost of insurance is not included. For domestic carriers the standard insurance provided by the carrier is noted on Customer’s invoice. Customer is fully responsible for all claims, collections, compensation, and related costs including legal fees against the carrier for products damaged during domestic transit. Customer shall not have the right to reject a late delivery of products.
6. LEAD TIME: SAMA will not accept responsibility for inability to ship any order caused by circumstances beyond our immediate control. Estimated lead times are based from the point SAMA receives full payment or down payment.
7. LIMITED WARRANTY: The warranty period is 365 days from the delivery date, which is the date that Customer receives the packages (see additional details under 7.1 and 7.2). This warranty is valid only for product use under normal conditions. This warranty is limited to manufacturer’s defects that interfere directly with the function of the product as determined by SAMA. A potential defect must be reported to SAMA in writing. SAMA will, at its sole option, repair the defect, replace the defective product, or refund to customer the price paid for such product. SAMA’s obligation shall be limited to such repair, replacement, or refund. Our assessment for replacement will be determined by an authorized representative of SAMA. Customer’s responsibility is to report any defect immediately to SAMA and to discontinue use of the equipment to prevent further damage and/or injury to users or equipment. Failing to comply with these terms will result in cancellation of this warranty. Warranty does not cover the cost of freight or shipping of replacements. Warranty does not cover the cost of installation or removal. Warranty does not cover the cost of injury to any user. All equipment is used at the risk of the individual. SAMA makes no warranties regarding the products provided hereunder, either expressed or implied, including, without limitation, warranties as to merchantability and fitness for a particular purpose. SAMA specifically makes no warranties as to the suitability of the products for any particular purpose or application regardless of whether for customer or affiliates of customer and regardless of whether SAMA knows of or had reason to know of any such particular purpose or application.
7.1 SAMA Roll Up Mat Limited Warranty: SAMA warrants that the SAMA Roll Up Mat product shall be free from manufacturing defects under normal use and conditions for a period of 90 days from the delivery date, which is the date that Customer receives the packages. Placement of this product in direct sunlight, whether in use or in storage will void the warranty. This product is not recommended for outdoor use. See additional details under 7. Limited Warranty.
7.2 Interlock Mat Limited Warranty: SAMA warrants that the Interlock Mat product shall be free from manufacturing defects under normal use and daily barefoot martial arts training for a period of 90 days from the delivery, which is the date that Customer receives the packages. The use of footwear is not recommended and voids our warranty. Our Interlocking Mats should be cleaned with disinfectant after every use.
8. LIABILITY: All SAMA products are designed and manufactured with a sincere concern for the safety of the end user. Freedom from injury, however, cannot be guaranteed. Therefore the user must assume full responsibility for any injury incurred from the use of this equipment. SAMA is not liable for special, incidental, or consequential damages from personal injuries, property damages, or lost profits, in connection with or arising out of any action, inaction, negligence, or strict liability of SAMA relating in any way to the products or use of the products it provides even if SAMA has been advised of the possibility of such potential loss or damage. See additional details under 7. Limited Warranty.
9. CAUTION: Any activity involving motion or height creates conditions which may result in injury. These conditions increase when the equipment is misused. In our opinion these products should be used only for the purpose for which they were manufactured, under the strict supervision of a qualified and competent adult in a safe and controlled area. Use of products may require strenuous exercise and may lead to serious injury or death. Before using products, consult with physician to determine level of fitness. Do not use if injured, ill or fatigued. User assumes all risks of injury.
10. ALTERATION, INSTALLATION, AND STORAGE: Alterations or modifications to a product will void warranty. Customer is responsible seeking services of professional contractors. SAMA is not responsible for damage to product during installation, or product failure or damage that is a result of installation. SAMA is not responsible for installation instruction. SAMA is not responsible for damage or product failure that results from short or long term storage.
11. DAMAGE TO PRODUCTS: Customer shall inspect all products promptly upon receipt and shall document on the bill of lading any damage noted in the inspection. Although SAMA assumes no liability for products damaged during transit, it will help Customer as much as reasonably possible to recover any such damages from the carrier.
12. INDEMINIFCATION: Customer shall indemnify and hold SAMA harmless from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including without limitation, legal fees) imposed upon or incurred by or asserted against SAMA that arise out of or are related to Customer's possession or use of SAMA's products. Customer shall defend, at its sole cost and expense, any action brought against SAMA as a result of any personal injury or property damage, and shall indemnify SAMA for all costs (including legal fees and expenses) incurred by SAMA in defending any such claims or establishing its right to indemnification herein.
13. PERFORMANCE IMPOSSIBILITY: Neither party shall be liable for failure or delay in performing under these Standard Terms and Conditions that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omissions, labour strikes, lockouts or other disturbances, war, riot, or difficulties in procuring labour or materials.
14. NOTICES: Any notice, request, or demand required or desired to be given by one party to the other must be in writing and will be deemed sufficient and completed by delivery of the same personally or by mailing the same registered or certified mail, return receipt requested, directed to the address at the bottom (end) of these Standard Terms and Conditions or such other address as may be provided in writing to the other party.
15. Governing Law and Jurisdiction: Governing Law. The validity, construction, and interpretation of these Standard Terms and Conditions and all rights and duties of SAMA and Customer arising hereunder shall be governed by the laws of the Ontario Superior Court of Justice (without giving effect to the conflicts of laws principle thereof). Jurisdiction. Customer hereby irrevocably submits to the nonexclusive jurisdiction of the Ontario Superior Court of Justice in any action or proceeding arising out of or relating to the relationship between SAMA and Customer, and Customer hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such court or courts. Nothing herein shall affect the right of SAMA to bring any action or proceeding against SAMA or its property or assets in the courts of any other jurisdictions. Customer hereby waives trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract, or otherwise) in any way arising out of, related to, or connected with these standard terms and conditions.
16. Return and Cancellation: Due to the fact that Customer’s purchase is custom ordered products and materials, it is not possible to return any product order to SAMA once the product has been delivered to Customer. And, if Customer cancels product ordered, then agreed payment, either full payment or down payment, is non-refundable once product has been ordered.
SAMA MATS AND EQUIPMENT
632 Sprucewood Drive
London, ON, Canada N5X 4J5
Phone
North America:
1-800-378-1928
Europe:
+44 (0)20 3532 3578
(Skype ID: www.samamats.com)
General Inquiries
info@samamats.com
Product Inquiries
outfitting@samamats.com
